論駕駛半自動駕駛車輛肇事之刑事責任

On Criminal Responsibility in Connection with Accidents Occurring on the Occasion of Driving Partly Automated Vehicles

未來進入自動駕駛車輛的時代後，刑法規範勢必將會遭遇重大挑戰。但在此之前，目前已經上路的半自動駕駛車輛所可能衍生的刑事責任問題，就已經可能對司法實務造成困擾。本文嘗試找尋半自動駕駛車輛不同於全自動駕駛車輛的差異，界定出該類型車輛人車共同合作決策的本質。並且將指出，此種人車共同合作決策對刑事責任認定難題。有鑑於此類難題未必可以完全藉由現行法加以解決，因此未來有關半自動駕駛車輛的交通刑法與產品刑法規定，都有重新立法之必要。

After entering the era of autonomous vehicles in the future, criminal law regime will inevitably encounter major challenges. Yet before that, the criminal liability issues that may arise from semi-autonomous vehicles that are currently on the road may already cause problems in judicial practice. This paper, with this in mind, explores the differentiation between semi-autonomous and autonomous vehicles and suggests that the essence of semi-autonomous vehicles is the joint cooperation decision-making of human driver and the autonomous driving system. It will also point out how such a joint cooperation decision-making of criminal law dogmatics affects and how difficult the problem of accidents on the occasion of such semi-autonomous vehicles is to solve. In view of the fact that such problems may not be completely solved by the current law, it is necessary to re-enact laws in the future traffic criminal law and product criminal law for semi- autonomous vehicles.